On Revocation System Of Three Years Non-use Of Registered Trademark

As an effective guarding mechanism,revocation system of three years non-use of registered trademark plays an irreplaced role in promoting the efficient use of the trademark,helping the trademark resources function,and making up the malpractice of the trademark registration system.However,some problems have been encountered in practice since the system came into force,such as bringing great pressure on accepting cases to the Trademark Office,malicious revocation procedure occurring frequently,and that the administrative or judicial organs apply unclear standards which will lead to different decisions in the same cases.Therefore,existing problems of the system make scholars start doubting of the rationality of the system.What is the theoretical basis of the system,and how to adjust and improve the system,they are also the critical questions that the paper tries to solve.Based on defining the connotation and legal characteristics of revocation system of three years non-use of registered trademark,this paper explores the theoretical basis of the system and justifies its rationality and necessity according to the theories of the function and value of trademark,the invalidation of right,and Interest balance.Also;In consideration of the current application situation of the system,our country should borrow insights from other countries' relevant regulations and give the use of trademark a clear definition according to the basic idea and principle of the system,in order to identify those act including the illegal use of a registered trademark,using just a part of a registered trademark,and the use of trademark by other people that are not under the control of the trademark righter.Besides,there should be special cases in the application of the system under which non-use of the trademark is legitimate.The special cases should be objective reason that is not under the control of the trademark righter and enables to hinder the use of a registered trademark.When applied to well-known trademarks,the revocation system of three years non-use of registered trademark should give them special protection.The authors recommend the“likelihood of association” as a standard to treat the use of well-known trademarks discriminatingly.Based on the analysis of the system above,this paper summarizes the main problems existing in practice that need to improve.Among them,the problems such as the connotation of the use of trademark has not been defined definitely,the requirement to start the procedure is not strict enough,and the special cases in applying the system are not clear,are core issues that relate to theimplementation of the system.A good system is such a system that can be synergistic and in accordance with other relevant systems.For the revocation system of three years non-use of registered trademark,it is necessary to improve not only its own concrete norms,but also to coordinate with other systems so that they can gain mutual promotion,and at the same time make the idea of the system be carried through even more deeply.As a result,they can serve for the purpose of the Trademark law system that the enacting of Trademark law system is to promote the use of trademark and help the trademark resources function.As for all the present systems in the Trademark law,it should be focus on that the revocation system of three years non-use of registered trademark need to be in accordance with systems including the trademark opposition procedure,the registered trademark invalid system and the infringement of the trademark system,and it will make those systems coordinate and fit together by interlocking the procedures.